Appellate Division of the Supreme Court of the State of New York May 15, 1920 (Darling v. Scott)

Judgment and order reversed and new trial granted, with costs to abide the event, upon the ground that it was error to the substantial prejudice of the defendant for the trial justice to take out of the case (as he did in effect) in his instructions to the jury, the variance in the length of the strainer from twenty feet to fifty feet as an item or element in plaintiff’s performance of the